THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.32412 of 2025

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...pleased to issue a Writ order or orders or direction more particularly one in the nature of a Writ of Mandamus declaring the inaction of the Respondents in not finalizing the allotment and handing over possession of AcS.3.00 gunta of Government waste land in Sy.No.234/1/2 of Mutharam Village, Palakurthi Mandal, Jangaon District recommended by the 4^th Respondent Tahsildar Palakurthi vide proceedings R.C.No.B/3327/2024 dated 09.01.2025 to the Petitioner an Ex-Serviceman under the Ex-Servicemen quota in terms of G.O.Ms.No.743 Revenue Department dated 30.04.1963 as arbitrary illegal and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to forthwith finalize the process of allotment issue necessary assignment orders and hand over physical possession of the said land to the Petitioner...”

2. Heard Sri M.Laxman Rao, learned counsel representing M/s. Chillaw Advocates and Legal Consultants, for the petitioner and Sri H.Somaiah Ezra Shastri, learned Assistant Government Pleader for Assignment, for the respondents and perused the record.

3. Learned counsel appearing for the petitioner would submit that the petitioner herein is an ex-serviceman (Havildar, Ex.No.2613994P), having served honorably in the Indian Armed Forces from 22.12.2004 to 30.06.2024, and is now domiciled in Malakajgiri District, Telangana State. He is entitled to the benefits under G.O.Ms.No.743, Revenue Department, dated 30.04.1963, which provides for the assignment of agricultural land to ex-serviceman and their families to promote their welfare post-demobilization which is a policy reflecting the State’s duty to support those who safeguard the nation.

4. Pursuant to the said G.O., which remains in force and applicable in the State of Telangana, the petitioner applied for allotment of government waste land for agriculture in Sy.No.234, Mutharam Village, Palakurthi Mandal, Jangaon District, under the ex-serviceman quota. The application was duly forwarded by the Regional Sainik Welfare Officer, Ranga Reddy District, vide Lr.No.1432/Land/2024-D, dated 25.09.2024, to the District Collector, Jangaon. The District Collector vide Lr.No.E1/1206/2024, dated 28.11.2024, directed the Revenue Divisional Officer, Ghanpur Division to process the request, fulfilling the procedural mandate under the said G.O. The RDO, in turn, vide Lr.No.B/606/2024, dated 16.12.2024 called for a detailed report from the Tahsildar, Palakurthi Mandal, on the availability of land in terms of the G.O.

5. The Mandal Surveyor and Mandal Girdavar, Palakurthi Mandal, conducted a joint inspection of the government land in Sy.No.234 (total extent Acs.270.28 guntas) and submitted reports dated 23.12.2024 and 30.12.2024, respectively, confirming the availability of suitable waste land for allotment, ensuring compliance with the G.O’s intent to utilize unassigned land for ex-servicemen. Based on the above, the Tahsildar, Palakurthi Mandal, who is the competent authority for assigning land not exceeding Acs.2.50 guntas wet or Acs.5.00 guntas dry, recommended allotment of Acs.3.00 guntas (dry land equivalent) in Sy.No.234/1/2, Mutharam Village to the petitioner under the ex-servicemen quota. The recommendation was issued vide Rc.No.B/3327/2024, dated 09.01.2025, enclosing a location sketch and forwarded to the RDO, Ghanpur Station, with a copy to the District Collector, Jangaon, triggering the statutory duty to act under the G.O.

6. The recommended extent complies with the G.O., which entitles each ex-serviceman upto Acs.2.50 guntas wet or Acs.5.00 guntas dry land (with 1 Ac. wet = 2 Acs. dry), free of market value (subject to conditions), and the land is unassigned government waste land at the disposal of the State. The petitioner meets all eligibility criteria under Paras 1(i), (ii